The Royal British Legion has failed in its bid to have the sentences of two Poppy Appeal tin thieves increased.

Legion representatives had asked Oxford East MP Andrew Smith to write to the Attorney General Baroness Scotland to ask her to review the cases of Michael Bailey and Sabrina Burton, who were both spared jail despite stealing collection tins in the lead-up to Remembrance Day.

They contacted Mr Smith after people told them they would stop donating to the appeal because of the leniency of the sentences.

However, the Government’s chief legal advisor’s office said yesterday it did not have the power to refer the cases to the Court of Appeal because of the nature of the offences.

Terry Cox, chairman of Headington RBL, said: “It’s very disappointing that the Attorney General’s office says there is no possibility of the sentences being appealed.

“I think British justice went out the window in the first place, because the sentences were too lenient.”

At Oxford Crown Court last month, 25-year-old heroin addict Bailey was spared jail by Judge Julian Hall despite admitting to the theft of three RBL and one Multiple Sclerosis charity tins in Headington.

Bailey, of Fettiplace Road, Barton, also admitted carrying a lock-knife, stealing a guitar, and the attempted theft of another collection box.

He was given a six-month jail sentence, suspended for 18 months, 12 months’ supervision and a six-month drug-rehabilitation order.

Days earlier, Bailey’s partner Burton, also 25 and of the same address, was given a 12-month supervision order and a six-month drug rehabilitation order by the same judge after she admitted stealing a Poppy Appeal charity box, trying to steal another and taking a Multiple Sclerosis collection tin.

Judge Hall decided on the sentences after considering the small amount of money which was stolen in each case.

Mr Cox added: “There has been quite a lot of reaction to the Bailey case, with people saying they won’t bother donating if this is what happens to people who steal poppy tins.

“The amount of money taken was not relevant – what should have been taken into account was the fact that the money was donated to pay for soldiers’ welfare. People shouldn’t be deterred by this and they must keep giving to the cause because most of the money will get through.”

Mr Smith had asked the Attorney General to review the sentences on the grounds that they were “unduly lenient”. He said he was disappointed to hear the referrals did not fall under the Attorney General’s remit.

Last night, a spokesman for the Attorney General said powers to refer cases to the Court of Appeal only related to certain offences.

He added: “Both the offenders in this case were convicted of theft and this is not one of the offences that the Attorney is able to consider referring to the Court of Appeal.

“This means that there is no possibility of the sentence now being challenged or appealed.”